The Adjudicating Authority dismissed Section 9 Application of IBC, 2016 filed by the Appellant.

The Adjudicating Authority took the view that email communication between the parties indicated a pre-existing dispute.

The Applicant contended that the extension of the term of the Agreement by 6+6 months given by the Respondent in 2018 has already increased the total term period of the Agreement to 2022-23.

The Respondent denied such an extension and stated that the Agreement was valid only till January, 2022 only.

The Demand Notice was issued by the Applicant on 21.02.2022, whereas all the above referred e-mail communications are of the dates prior to the issuance of the demand notice.

The Adjudicating Authority dismissed Section 9 Application of IBC, 2016 filed by the Appellant.

The Adjudicating Authority took the view that email communication between the parties indicated a pre-existing dispute.

The Applicant contended that the extension of the term of the Agreement by 6+6 months given by the Respondent in 2018 has already increased the total term period of the Agreement to 2022-23.

The Respondent denied such an extension and stated that the Agreement was valid only till January, 2022 only.

The Demand Notice was issued by the Applicant on 21.02.2022, whereas all the above referred e-mail communications are of the dates prior to the issuance of the demand notice.